Sales Restrictions
The law prohibits the sale of cigarettes "except in a package which shall be intact and contain a minimum of 20 sticks."
The law aligns with FCTC Art. 16 in that the law prohibits the sale of single cigarettes.
The National Tobacco Control Act, Sec. 12(1), provides for a comprehensive ban on tobacco advertising and promotion, stating: "no person shall promote or advertise tobacco or tobacco products in any form." Further, the First Schedule of the Act lists forms of tobacco advertising and promotion that are prohibited, including "sales of tobacco products through vending machines." Section 12(2)(b) exempts from the comprehensive ban all communications between tobacco manufacturers, retailers, and any "consenting person who is 18 years or above." Because it is technically possible for tobacco manufacturers to require consent and request to verify age prior to a vending machine purchase of a tobacco product, the regulatory status "some restrictions" is given.
However, to date, implementing regulations necessary to clarify what a "consenting" adult means have not been issued by the Ministry of Health or received the necessary subsequent approval from both Houses of the National Assembly.
To align with FCTC Art. 13, the FCTC Art. 13 Guidelines, and FCTC Art. 16, the law should prohibit vending machine sales of tobacco products as such sales are an inherent form of tobacco advertising and promotion.
The law prohibits the sale of tobacco products through mail, internet or other online devices.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to internet sales of tobacco products.
The law does not specifically prohibit the sale of smokeless tobacco products; therefore, the law is interpreted as permitting the sale of smokeless tobacco products.
The law does not specifically prohibit the sale of waterpipe tobacco; therefore, the law is interpreted as permitting the sale of waterpipe tobacco.
Location-based Sales Restrictions
The law does not restrict the sale of tobacco products based on location; therefore, the law is interpreted as permitting the sale of tobacco products in schools/educational facilities.
The law does not restrict the sale of tobacco products based on location; therefore, the law is interpreted as permitting the sale of tobacco products on playgrounds.
The law does not restrict the sale of tobacco products based on location; therefore, the law is interpreted as permitting the sale of tobacco products in stadiums/arenas.
The law does not restrict the sale of tobacco products based on location; therefore, the law is interpreted as permitting the sale of tobacco products in healthcare facilities.
The law does not restrict the sale of tobacco products based on location; therefore, the law is interpreted as permitting the sale of tobacco products in cultural facilities.
Retail Package Size Restrictions
The law prohibits the sale of cigarettes "except in a package which shall be intact and contain a minimum of 20 sticks."
The law aligns with FCTC Art. 16 with respect to the sale of small packets of cigarettes.
The law requires smokeless tobacco product packages to contain a minimum of 30 grams of smokeless tobacco.
Retail Licensing Requirements
The law does not require a retailer of tobacco products to obtain a license. Only manufacturers, importers, and whole distributors need obtain a license.
To align with FCTC Art. 15, the law should require all retailers to obtain a license to sell tobacco products.